Agriculture (Miscellaneous Provisions) Act 1976

11 Agricultural holdings in England and Wales: power to enable notices to do work to be modified on arbitration

In section 19(2) of the [1963 c. 11.] Agriculture (Miscellaneous Provisions) Act 1963 (paragraph (a) of which enables the Lord Chancellor to provide by order for the determination by arbitration under the [1948 c. 63.] Agricultural Holdings Act 1948 of any question arising under such a notice as is mentioned in paragraph (d) of section 24(2) of the said Act of 1948, being a notice requiring the doing of any work of repair, maintenance or replacement), after paragraph (a) there shall be inserted as paragraph (aa)—

“(aa) for enabling the arbitrator, on an arbitration under the said Act of 1948 relating to such a notice as is mentioned in the preceding paragraph, to modify the notice—

(i) by deleting therefrom any item or part of an item of work specified in the notice as to which, having due regard to the interests of good husbandry as respects the agricultural holding to which the notice relates and of sound management of the estate of which that holding forms part or which that holding constitutes, the arbitrator is satisfied that it is unnecessary or unjustified ; or

(ii) by substituting, in the case of any item or part of an item of work so specified, a different method or material for the method or material which the notice would otherwise require to be followed or used where, having regard to the purpose which that item or part is intended to achieve, the arbitrator is satisfied that the last-mentioned method or material would involve undue difficulty or expense, that the first-mentioned method or material would be substantially as effective for that purpose, and that in all the circumstances the substitution is justified;”.